Terms of Use

This website is owned and operated by The Herban Alchemist, Inc.

By using this website, you acknowledge that you have read and agree to these Terms of Use. You acknowledge receipt of consideration, including but not limited to your use and enjoyment of our website, the content, material, features, and services which appear on the website.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, 
PLEASE DO NOT USE OR ACCESS THIS WEBSITE.

The Website Does Not Provide Medical Advice

The contents of The Herban Alchemist Website, including, but not limited to, text, graphics, images, information obtained from Herban Alchemist ‘s licensors, and other material contained on The Herban Alchemist Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be, or a substitute for, professional medical advice, diagnosis of any condition, or any single or course of treatment.

Please seek the advice of your physician or other qualified health provider to answer any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking medical advice for any reason, including, but not limited to, any material you have read on The Herban Alchemist Website or any other website.

Liability of  The Herban Alchemist and Its Licensors

The use of The Herban Alchemist Website and the Website Content is at your own risk. The Herban Alchemist assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of The Herban Alchemist Website.

THE HERBAN ALCHEMIST WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE HERBAN ALCHEMIST, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, The Herban Alchemist itself on behalf of its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, compliance with applicable government regulations, or timeliness of the Website Content, software, text, graphics, links, or communications provided on or through the use of The Herban Alchemist Website or The Herban Alchemist.

In no event shall The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on The Herban Alchemist Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use The Herban Alchemist Website or the Website Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on The Herban Alchemist Website are advised of the possibility of such damages. The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on The Herban Alchemist Website shall be liable only to the extent of actual damages incurred by you, not to exceed the lesser of U.S. $100.00 or the amount that you have paid for product or services purchased from The Herban Alchemist, Inc. The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on The Herban Alchemist Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or Website Content. Any claims arising in connection with your use of the Website or any Website Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Intellectual Property

All Website Content and other material, including, but not limited to, all computer codes and metadata, utilized on or for The Herban Alchemist Website are owned by The Herban Alchemist or its licensors and may not be copied without first obtaining the prior written consent of The Herban Alchemist, or the applicable licensor, as appropriate. All trademarks utilized on The Herban Alchemist Website are the property of The Herban Alchemist, or its licensors and may not be used copied without first obtaining the prior written consent of The Herban Alchemist or the applicable licensor, as appropriate.

Indemnity

You agree to defend, indemnify, and hold The Herban Alchemist, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Other Information

The principal office of the Herban Alchemist is in New York, New York, in the United States of America. The Herban Alchemist makes no claims that The Herban Alchemist Website or any of the Website Content are appropriate outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If you access The Herban Alchemist Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Intellectual Property, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction and Venue

You agree that exclusive jurisdiction for any dispute with The Herban Alchemist, or in any way relating to your use of The Herban Alchemist Website, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, New York County in connection with any such dispute including any claim involving The Herban Alchemist or its affiliates, subsidiaries, employees, contractors, officers, directors, and service providers.

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its or any other jurisdiction’s conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between you and The Herban Alchemist with respect to the use of The Herban Alchemist Website, and Website Content.

Revised 11/5/10